The ESA and Property Takings: One Fish, Two Fish, Is it Compensable?

April 17, 2018

Panelist, ABA 36th Annual Water Law Conference

Downey Brand is proud to sponsor the American Bar Association’s 36th Annual Water Law Conference on April 16-18, 2018 in Orlando, Florida. Downey Brand water law partner David Aladjem is a featured presenter on the panel discussion “The ESA and Property Takings: One Fish, Two Fish, Is it Compensable?”

Panel Overview
The Endangered Species Act (ESA) plays a prominent and evolving role in the allocation and management of water resources. This session focuses on dynamic trends at the intersection of the ESA and water law and the implications of those trends. Panelists will discuss whether ESA restrictions that limit the exercise of water rights might result in a Fifth Amendment taking of property. They will also examine how conflicts between the ESA and other statutes (for example, the Clean Water Act) are being resolved. The panel will address the evolution of standing to allege ESA violations, federal reclamation contract claims vs. ESA take claims, and the use of economic analyses to resolve species and water conflicts. Current law is now in flux, and several important cases bear close watching. Attendees will learn about the current state of the law from experienced panelists and consider how the ESA will impact their clients’ water rights and ability to manage water resources

Conference Overview
The presenters and registrants include many of the nation’s most esteemed regulators, practitioners, and academics, covering many recent and exciting developments in water law. Topics will include ethics in water law, federal reserved water rights in groundwater, developments in endangered species law, instream flows, and water reuse. Additionally, there will be a fascinating and timely interactive discussion of the federal government’s role in interstate water disputes. Panelists will discuss these topics and more while providing illuminating insights into water law developments and trends.

Visit the ABA website for more information and to register.